Or. Admin. Code § 125-055-0105

Current through Register Vol. 63, No. 12, December 1, 2024

Section 125-055-0105 - Definitions

For purposes of rules 125-055-0100 through 125-055-0130 the following terms shall have the meanings set forth below. Capitalized terms not defined herein shall have the same meaning as those terms in the Privacy Rule and the Security Rule and the HITECH Act, including, but not limited to, 42 USC Section 17938 and 45 CFR Section 160.103.

(1) "Agency" means an agency of the State of Oregon subject to the procurement authority of DAS pursuant to ORS 279A.140 and that is:

(a) A Covered Entity; or

(b) A Business Associate of an Agency that is a Covered entity.

(2) "Business Associate" has the meaning given that term in 45 CFR 160.103.

(3) "Contract" means the written agreement between an Agency and a Contractor setting forth the rights and obligations of the parties.

(4) "Covered Entity" has the meaning given that term in 45 CFR 160.103.

(5) "Electronic Media" means:

(a) Electronic storage media; and

(b) Transmission media used to exchange information already in electronic storage media.

(6) "Electronic Protected Health Information" has the meaning given that term in 45 CFR 160.103.

(7) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320 d - 1320d-8, Public Law 104-191, sec. 262and sec. 264.

(8) "HITECH Act" means the Health Information Technology for Economic and Clinical Health ("HITECH") Act, Title XIII of division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 ("ARRA"), Public Law 111-5, including any implementing regulations.

(9) "Health Care Provider" means the persons or entities that furnish, bill for or are paid for Health Care in the normal course of business, as more fully defined in ORS 192.519.

(10) "Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

(11) "Protected Health Information" has the meaning given that term in 45 CFR 160.103.

(12) "Required by Law" has the meaning given that term in 45 CFR section 164.103.

(13) "Rule" means this Oregon Administrative rule 125-055-0100 through 125-055-0130.

(14) "Secretary" means the Secretary of Health and Human Services (HHS) or any other officer or employee of HHS to whom the authority involved has been delegated.

(15) "Security Rule" means the security standards for Electronic Protected Health Information found at 45 CFR Parts 160, 162, and 164.

Or. Admin. Code § 125-055-0105

DAS 9-2002(Temp), f. & cert. ef. 12-31-02 thru 6-28-03; DAS 3-2003, f. & cert. ef. 6-27-03; DAS 5-2005(Temp), f. & cert. ef. 4-20-05 thru 10-17-05; DAS 12-2005, f. 10-21-05, cert. ef. 10-22-05; DAS 2-2010(Temp), f. & cert. ef. 7-26-10 thru 1-17-11; DAS 4-2010, f. & cert. ef. 11-15-10; DAS 4-2013, f. 12-17-13, cert. ef. 1-1-14

Stat. Auth.: ORS 184.305, 184.340 & 279A.140

Stats. Implemented: ORS 192.519; ORS 279A.140 & The Health Insurance Portability and Accountability Act of 1996, 42 USC 1320 d -1320d-8, PL 104-191, sec. 262& sec. 264